Authority to sell

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  1. (a) Wherever in any city or incorporated town in this state a waterworks plant and a sewer system have been constructed by the same improvement district as part of a single improvement, the city or town council shall have authority to sell the waterworks.

  2. (b)

    1. (1) To that end, the council shall select a competent engineer familiar with the waterworks plants, who shall appraise the waterworks and file with the clerk or recorder of the city or town his appraisement in writing.

    2. (2)

      1. (A)

        1. (i) Thereupon, it shall be the duty of the clerk or recorder of the city or town to publish a notice.

        2. (ii) The notice may be in the following form:

      2. (B) The notice shall be published once a week for four (4) weeks.

  3. (c)

    1. (1) Unless some property owner of the city or town brings suit in the chancery court within thirty (30) days from the first publication of the notice to review the appraisal, the appraisal shall stand and be conclusive upon all parties.

    2. (2) If such a suit is brought, it shall be treated as a matter of public interest and advanced in all courts, and all appeals therein must be taken and perfected within thirty (30) days.

    3. (3) If at the end of the period of thirty (30) days no suit has been brought to set aside the appraisal, the appraisement shall be conclusive of the value of the property.

“NOTICE IS HEREBY GIVEN that the appraiser appointed by the City (or Town) Council of the City (or Town) of has appraised the value of the waterworks system constructed by said City (or Town; or by Improvement District No ) at the sum of Dollars ($ ). City Clerk (or Recorder).”

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